Gender and migration in South Africa - Talking to women migrants Aimée-Noël Mbiyozo - AWS
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Gender and migration in
Ilitiatia alit vellam
South Africa
Cabor sed qui aut ex eiur?
Talking to women migrants
Author
Aimée-Noël Mbiyozo
African migration is typically viewed through a male lens. However, women are moving more
than ever. Whether fleeing war or seeking to meet their economic needs, more women migrate
independently throughout Africa. Many of these travel to South Africa. This report examines the
ways in which gender and migration intersect to heighten women’s vulnerabilities. Gender-neutral
approaches put women at risk and gendered perspectives in policy planning and implementation
are needed.
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018
Key findings
Most migration policies are gender-neutral or Many women migrants work in domestic,
geared towards men. small business and agricultural environments
that come with high risks of exploitation
The number of women migrants is increasing
and abuse.
in South Africa. A growing proportion is
travelling independently of spouses or Women migrants in South Africa encounter
partners. This will continue to increase. high levels of xenophobia at both community
and official levels, including from
Migration is a major tool in poverty reduction
government officials.
and empowerment for women migrants.
Irregular women migrants are unlikely to abuse
Women migrants are more vulnerable to
the asylum system and are afraid to interact
violence, exploitation, abuse and trafficking.
with immigration or other officials, even when
African women migrants in South Africa face requiring assistance.
‘triple’ discrimination in xenophobia, racism
Regularising migration from neighbouring
and misogyny.
countries has potential economic benefits for
South Africa’s policy response has prioritised both source and destination countries. The
punitive measures that do not prevent benefits decrease for both when migration
irregular migration. is irregular.
Restrictive measures have disproportionate
impacts on women migrants and children.
Recommendations
Gendered approaches must be applied to Policies and practices must consider the
South African migration policy formulation and development potential of migration for South
implementation. Africa and for source countries. Migrant women
must be included to achieve economic and
International frameworks have made
social progress.
encouraging strides in gender mainstreaming
migration related policies and practices. South The SADC visas and visa regularisation
Africa should follow suit. schemes proposed in the white paper should be
prioritised, but should consider gender aspects
Advancing rights-based gender sensitive
and include minimum quotas for women.
migration policies and practices must
be prioritised. More gender disaggregated, policy relevant
migration data is needed to build an evidence
Policymakers should acknowledge that
base on the numbers, patterns and impacts of
desperate people need access to the asylum
women migrants.
system, including women and children. Efforts
to restrict access to abusers are blocking
vulnerable people with genuine needs.
2 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSIntroduction
Migration in the country, region and continent has typically been understood
as a male phenomenon. However, the number of women migrating is growing
substantially. The ‘feminisation of migration’ refers to an overall rise in the
number of women migrants.1 Besides an increase in number, the migration
experience is also profoundly gendered. Gender is central to the causes and
consequences of migration and shapes every stage of the journey.2 Women
are often compelled to migrate for different ‘push’ and ‘pull’ factors than
men.3 A gendered perspective is critical in understanding and responding
to migration.
The characteristics of women migration continue to evolve and change.
Historically, women have had less autonomy over migration choices. Yet
evidence is now showing that a growing number of women are making
individual migration decisions and moving more than ever to meet their own
or their families’ economic needs.4 Migration poses various opportunities,
risks and vulnerabilities for women migrants. It can contribute to women and
girls’ capabilities and freedoms but can also expose them to significant risks.5
Women’s migration pathways and experiences are distinctive from those
of men and involve greater exposure to multiple risks. Women migrants
are at a greater risk of exploitation and abuse, including trafficking, and are
more likely to work in less-regulated and less-visible sectors than men.6 In
particular, undocumented women migrants often suffer pervasive violations.
Xenophobia, racism and patriarchy intersect and expose African women
migrants to ‘triple’ discrimination.7 Women also carry more family and
reproductive burdens than their male counterparts.8
Women’s migration pathways and experiences are
distinctive from those of men and involve greater
exposure to multiple risks
South Africa is the regional migration hub in Southern Africa, including for
women. Historically, migration to South Africa was predominantly an act
by single, male labourers.9 Yet there has been a distinct rise in women
migrants, as a proportion of total migrants but particularly in absolute
numbers. Estimates indicate the number of women migrants in South
Africa has quadrupled since 1990.10
This report applies a gendered approach to examine the drivers,
pathways and experiences of mixed migrant women in and near Cape
Town, South Africa from their own perspectives. This study intentionally
sought to include African women migrants with a variety of different travel
methods and documents as a means of capturing more comprehensive
perspectives. They include irregular migrants, asylum seekers, refugees, WOMEN MIGRANTS IN
stateless and lawful permit holders, as well as those who have moved in SA ARE INCREASING
between categories.
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 3Key terms
The terminology involved with migration is complex Refugee
and there are many working definitions for different
Refugees are a highly specific category of people
classes. For the purposes of this report, the
with guaranteed rights to protection as defined by
following definitions are used:
international conventions. A refugee is defined as
‘someone who has been forced to flee his or her
Migrant
country because of persecution, war or violence. A
There is no universally accepted definition of a refugee has a well-founded fear of persecution for
migrant. The International Organization for Migration reasons of race, religion, nationality, political opinion
defines a migrant as any person who is moving or membership in a particular social group.’15
or has moved across an international border or
within a state away from his or her habitual place Asylum seeker
of residence.12 Further distinctions are commonly
An asylum seeker is someone seeking sanctuary
made between legal status, whether movement is
in another country. In order to be recognised as
voluntary, the cause of movement and length of stay.
a refugee in South Africa, a person must apply
for asylum and demonstrate that his/her fear of
Mixed migration
persecution in his/her home country is well founded.16
Mixed migration refers to cross-border movements
of people, including refugees fleeing persecution Stateless
and conflict, victims of trafficking and people
A stateless person is an individual who is not
seeking better lives and opportunities. Motivated
recognised as a citizen or national by any country
to move by a multiplicity of factors, people in mixed
and is not protected as a citizen. Countries establish
flows have different legal statuses as well as a
their own citizenship requirements, usually by where
variety of vulnerabilities.13
an individual is born or where her/his parents
were born.17
Irregular migrant
An irregular migrant moves outside the regulatory Economic migrant
norms of the sending, transit or receiving country. A
This term is used but is not a legal classification
migrant in an irregular situation may have irregular
and is applied as an umbrella term to a wide array
entry, irregular residence or irregular employment.
of people who move to advance their economic
Migrants can move in and out of irregularity as
prospects. The report avoids this term, as it does not
policies or personal circumstances change.14
correlate to a document class and carries stigma.
The report calls for a gendered approach to migration This report argues that many of these restrictions
policies and practices and warns against restrictive will disproportionately affect women and
policies and practices that increase vulnerability for increase their vulnerability. Instead, it proposes
women and children. South African migration policy is implementing gender mainstreaming in
increasingly focused on a self-described ‘risk-based immigration decisions, introducing more legal
approach’11 that seeks to keep risks outside national pathways and improving the asylum system as
borders. This approach involves severely restricting mechanisms to reduce irregular entry and protect
accessibility and the rights of migrants. vulnerable women and children.
4 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSMethodology Accessing mixed migrants presented challenges. The
sensitive nature of the topic – specifically, that some
This report included a literature review, focus group
migrants are using illegal methods to stay or work in
discussions, life history interviews and key informant
the country – made it difficult to find participants willing
interviews. Nine focus group discussions were
held with 79 mixed migrant women. Ten life history to speak honestly about their experiences. To address
interviews were conducted with women migrants whose this, the researcher used trusted intermediaries,
stories were considered particularly relevant to the including community organisers and NGOs, to identify
purposes of the study. Eight key informant interviews possible participants. Anonymity was guaranteed and
were conducted with migration experts, academics, names never recorded. All traceable features have
community leaders and non-governmental organisation been removed, including locations, workplaces and
(NGO) workers. personal names. In the rural context, the names of
crops and towns have been removed.
All interviewed women migrants live in urban or peri-
urban contexts in the Western Cape province. Six focus The study sought to access women of different
group discussions and nine life history interviews were sub-Saharan African nationalities, ages, document
held within the city boundaries of the City of Cape Town statuses and life circumstances who have lived in
Metropolitan Municipality.18 Three focus groups and one South Africa for varying time periods. The nationalities,
in-depth interview were conducted in rural environments document status and locations are provided in tables
in the Cape Winelands District Municipality.19 1 and 2 and figures 1 and 2.
Table 1: Focus groups
Location Nationalities Document status Participants
Urban DRC, Rwanda, Republic of Congo, Stateless, asylum seeker, refugee, study visa 9
stateless, Zimbabwe, Burundi, Angola
Urban Botswana, DRC, Rwanda, Zimbabwe Spousal visa, refugee, asylum seeker, work visa 10
Rural Zimbabwe rural Special dispensation, irregular 11
Rural Lesotho rural Irregular 10
Rural Malawi rural Irregular 10
Urban Malawi urban Irregular 10
Urban Somalia urban Asylum seeker, refugee 5
Urban Somalia urban Refugee 6
Urban Botswana, Rwanda, DRC, Malawi Refugee, work visa 8
Table 2: Life history interviews
Location Nationalities Document status
Urban Zimbabwe Refugee
Urban DRC Asylum seeker
Rural Zimbabwe Asylum seeker/Irregular
Urban Rwanda Asylum seeker
Urban DRC Asylum seeker
Urban Malawi Irregular
Urban Somalia Refugee
Urban Malawi Irregular
Urban DRC Asylum seeker
Urban DRC Asylum seeker
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 5Figure 1: Participants’ nationalities
22 - Malawi
17 - Zimbabwe
15 - DRC
13 - Somalia
10 - Lesotho
6 - Rwanda
2 - Botswana
1 - Stateless
1 - Burundi
1 - Angola
1 - Congo
Figure 2: Document status of participants
45
40
40
35
Refugee
Asylum
30
Valid work, study,
25 spousal or special
20
dispensation visa
19 Irregular
15
13 Stateless
10 (undocumented)
5 6
0
Limitations multiple domestic and international human rights and
labour frameworks that impact women migrants in
This study is an examination of perceptions among
South Africa that are beyond the scope of this report.
mixed migrant women in Cape Town and surrounding
areas. The perspectives included should be interpreted This study does not provide a comprehensive
as the experiences of individuals. The language used by overview of the political, social or economic contexts
participants in this study included many generalisations in source or transit countries.
according to ethnic or national distinctions and has been
Key nationalities that were not included in this
recorded as expressed.
study owing to a lack of access include Nigeria and
This study focuses its policy analysis on the Ethiopia. Both of these populations have a notable
Department of Home Affairs and South African presence in the Western Cape, but access was
domestic migration policies and practices. There are not achieved.
6 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSParticipants in this study all travelled to South Africa voluntarily. While some
participants indicated concerning conditions with respect to gender-based
violence, extortion or other abuses, human trafficking did not arise as a
theme. This is contrary to evidence. There are many human trafficking
victims with profiles similar to those of study participants. The lack of
accounts indicating trafficking likely reflects that participants self-selected
into the studies via intermediaries. A more random participant pool would
likely have revealed more indicators of human trafficking among African
women migrants.
Interviews and focus groups were conducted in English, which was not the
mother tongue of any participants. Somali and Sotho translators were used.
Translators were trained on the research tools.
This study did not include male perspectives as a comparison.
Accurate data is only available for migrants with legal
visas, including skilled workers, special dispensation
visas, asylum seekers and refugees
Ethical considerations
Informed consent was provided to all participants. Owing to the sensitive
content of the interviews, access to counselling was arranged prior to the
focus groups and interviews.
The researcher terminated one interview in process and excused one focus
group participant owing to the traumatic nature of the conversations. Both
participants were referred to counsellors.
History and context of migration in South Africa
Migrant flows to South Africa have changed significantly in the last couple of
decades. Most notably, mixed migration has grown and shifted. It has also
diversified and feminised, meaning both the proportion of total migrants and
actual number of migrant women have increased.20 NORTH AFRICA
Much of this shift is a reflection of apartheid and colonial-era labour migration,
which played a fundamental role in South Africa’s industrial development. WEST AFRICA
EAST AFRICA
Companies could hire unlimited numbers of foreign workers. Male contract
migration, particularly in mining and agriculture, was a regional fixture.
When South Africa opened its borders and economy post-apartheid,
migration expanded and became more complex. South Africa integrated
with the Southern African Development Community (SADC) region and
reconnected with the global economy. Migration of all kinds expanded. Legal
migration increased significantly for informal trading, shopping, medical MOST MIGRANTS
treatment, visiting, formal business and tourism.21 COME FROM
NEIGHBOURING
Labour migration in recent decades has shifted substantially from company- COUNTRIES
sponsored to mixed. The proportion of (male) foreign nationals in the mining
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 7workforce was estimated at 40% in the 1980s and rose employed, compared to 59% of South African nationals.30
as high as 60% in 2009.22 Increased restrictions and The same model concluded with ‘reasonable’ confidence
weakening mining and industrial sectors have caused that low-skilled immigrants had a small positive effect on
male contract migration to fall substantially, to 23% wages and employment and created a small number of
in 2013.23 Declining regular options have resulted in jobs where they settled.31
increased mixed and clandestine migration. Migrants
using irregular and unregulated methods have increased, Feminisation of migration in South Africa
and more women, youth and families migrate.24 Gender-disaggregated migration data in South Africa is
Today, South Africa has the strongest economy in the mostly unavailable. The scale and complexity make for
region. It also offers the most progressive refugee incomplete and inconsistent migration data overall, but
protection regimes, primarily the ability to live and operate there is a particular dearth of gendered information.
outside of camps. Both act as strong pull factors for However, it is clear that a growing rate and number of
inward migration of all types. women are migrating to South Africa.
Most migrants in South Africa come from neighbouring Table 3: Women migrants in South Africa
countries. According to the 2011 Statistics South Africa Total women Women Women
census, 68% of migrants are from SADC countries and migrants migrants as migrants as
7% from other African countries.25 Accurate migration % of total % of total
population migrants
data is particularly difficult to achieve owing to the
clandestine nature of the irregular component. Accurate 1990 446 656 2.3 38.4
data is only available for migrants with legal visas, 1995 392 724 1.8 39.1
including skilled workers, special dispensation visas, 2000 401 793 1.7 40.1
asylum seekers and refugees.
2005 498 717 2.0 41.2
Although some migration is long term, much of it is 2010 880 757 3.4 42.0
circular and short term, meaning many migrants do 2015 1 694 596 6.0 44.4
not settle permanently in South Africa.26 Many of these
2017 1 792 275 6.2 44.4
migrants maintain strong connections with their source
countries. A 2006 study by the Southern African Source: UNDESA 2017 mid-year data32
Migration Program (SAMP) established that nearly
90% of migrants from neighbouring countries returned Home Affairs provides data on permits granted each
home at least annually and had ‘extremely’ strong links year, but it does not include gender breakdowns.
with home.27 However, according to a 2017 SAMP report on
harnessing migration for development in Southern Africa:
Most African migrants in South Africa travelled using
land routes without the help of smugglers.28 Widely [g]iven the employment, capital, education
available public transport along well-travelled corridors and skills criteria for most of the official
makes travel relatively inexpensive and easy. Smugglers residence and work permit categories in South
are typically only used to cross borders or by migrants Africa, we can reasonably assume a male bias
without documentation travelling through multiple in determining eligibility, meaning a likely male
countries. Migrants using these methods do incur costs majority in legal residence and work-
but typically do not acquire debts to the extent seen in permit holders.33
other regions.29 In 2015, men comprised 67% of the asylum claims in
According to the 2011 census, migrants have a lower South Africa and women 33%.34
unemployment rate than South African nationals.
Lack of visa pathways
Applying an expanded employment rate to the
2011 census, Oxford University economist Raphael Irregular migration happens primarily because South
Chaskalson determined that 77% of migrants were Africa does not provide work permits to low-skilled or
8 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSunskilled migrants. Migrants have adopted a variety of methods to cross
borders and stay in South Africa. These include:
• Crossing on a legal permit and either overstaying or returning home
regularly to renew
• Falsely claiming asylum on entry without a legitimate case as a means of
staying and working until claims are assessed
• Entering clandestinely
• Obtaining false documents, including South African IDs or passports
Most work permits in South Africa go to skilled migrants from outside the
region. Between 2001 and 2014, for example, South Africa issued 96 000
work permits, of which just under 25% were granted to Zimbabweans.
The only other African countries that featured in the top 10 were Nigeria
(5.0%) and Ghana (1.5%). No other Southern African state was in the top
10 origin countries.35
South Africa has implemented six migrant regularisation schemes that
have provided legal status to over 500 000 migrants since 1994.36
The largest of these schemes has been a series of three special permits
for Zimbabwean nationals: the 2009 Dispensation of Zimbabweans
Project (DZP), the 2014 Zimbabwe Special Dispensation Permit (ZSP) and
the 2017 Zimbabwe Exemption Permit (ZEP).37
The objectives of the permits were to regularise Zimbabweans who were
residing in South Africa illegally, reduce pressure on the asylum system,
curb deportations, and give amnesty to Zimbabweans using fake South
African documents. The DZP was offered to Zimbabweans living in
South Africa with valid passports who could prove they were engaged in
employment, business or education.38
Out of approximately 295 000 applications, about 245 000 DZP permits
were issued in 2010. It was supposed to be non-renewable, but the ZSP
and ZEP were subsequently offered to permit holders to extend their
stays. Just under 198 000 ZSPs were issued and Home Affairs is currently
adjudicating over 196 000 applicants for the ZEP.39
While the Zimbabwe special permit processes were open to women,
no gender considerations were applied. It is unclear how many women
applied for or received the special permits, as gendered data is not
available. However, the economic activities in which Zimbabwean women
migrants engage are more likely to be informal, including domestic work,
hairdressing, sex work or trading.40 Since eligibility for the permits was
based on proof of employment or business, many women were excluded
because they lacked the required official documentation proving the
legitimacy of their businesses.41
MOST SA WORK
Immigration policy positions and developments PERMITS GO TO
SKILLED MIGRANTS
South Africa’s legal refugee framework is a combination of international FROM OUTSIDE SADC
and domestic instruments. It is a party to the 1951 UN Refugee
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 9Convention, its 1967 Protocol and the 1969 Organisation of African
Unity (OAU) Convention Governing the Specific Aspects of Refugee
Problems in Africa. Domestically, the 1998 Refugees Act incorporates
these protocols. Importantly, South Africa has a policy of self-settlement
and self-sufficiency for asylum seekers and refugees, including the right to
work and the right to access public healthcare and education services.42
The 2002 Immigration Act regulates immigration to South Africa. The
act regulates the immigration of skilled migrants, students, tourists and
other categories of permanent and temporary migrants, as well as the
processes related to immigration detention and deportation. Home Affairs
is the administrator of the Immigration Act, the accompanying Regulations
and the Refugees Act.
Home Affairs is currently instituting a series of immigration and refugee-
related policy changes. It produced the White Paper on International
Migration in 2017. The white paper is a policy statement that guides the
comprehensive review of immigration legislation across eight areas.
Some elements are reflected in the Border Management Authority Bill of
2016 and Refugees Amendment Act of 2017. The process of amending
legislation related to the white paper is expected to be complete by
March 2019.43
None of the current domestic policy documents and developments
applies gendered approaches. There is also a troubling lack of
gendered language and gender-relevant considerations throughout
department documents.
A disconcerting amount of proposed changes involve implementing
restrictive measures to low-skilled migrants and asylum seekers. At the
core of many policy developments is the implied or expressed problem
statement that low-skilled migrants and asylum seekers pose elevated
risks and burdens. Home Affairs repeatedly claims that ‘economic’
migrants have overwhelmed the asylum management system with
false claims.44 Many of the proposed and enacted changes focus on
implementing restrictive measures to reduce pull factors in the existing
system. Some of these include harsh measures set to serve as barriers
to entry, including limiting asylum seekers’ rights to education and work,
reducing access to the asylum system, militarising borders, building
asylum-processing centres at borders, and establishing provincial-level
repatriation centres.45
Each of these restrictive measures will have disparate effects on women
migrants. Home Affairs avoids labelling the asylum-processing centres as
detention centres despite their having many detention centre properties.
WOMEN FACE
There is a considerable body of evidence on the effects of detention
VIOLENCE
THROUGHOUT THE on mental and physical health, particularly for women and children.46
MIGRATION PROCESS The lack of detail available on provisions for health, education or special
considerations for women in these circumstances is deeply concerning.
10 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSHome Affairs itself concedes that it has not sufficiently number of African women migrants is linked to the
responded to mixed migration flows from neighbouring increasing role they play as economic beings.54
countries and that the lack of legal pathways for
Despite these changes, women migrants are less
unskilled and semi-skilled labourers leads to asylum
able to advance their own interests than men. Women
system abuse.47 The National Development Plan (NDP)
remain more likely to migrate as a result of a family
also recognises that South Africa is likely to see a decision, and are more likely to choose destinations
continued increase in women migrants and calls for a according to perceived economic opportunities and
more progressive migration policy for both skilled and the presence of social networks.55
unskilled migrants.48
Intersectionality is a sociological theory describing
To these ends, the white paper has proposed further multiple and simultaneous threats of discrimination
regularisation schemes for nationals from Zimbabwe, when an individual’s identity includes multiple
Mozambique, Malawi, Botswana, Namibia, hierarchical classifications.56 In South Africa, African
Swaziland and Lesotho already living in South Africa. migrant women do not experience racism, patriarchy
It has also proposed introducing SADC visa options and xenophobia separately. They are mutually
for some economic migrants, including work, trader dependent and overlap with one another. African
and small business permits.49 women migrants face triple discrimination: as black, as
These developments are encouraging. Safe and women and as migrants.
legal avenues for low-skilled migrants are the most Key intersectional factors often shape women’s
robust and successful migration management tools migration experiences.
available and hold the most potential to reduce
irregular movement.50 Still, they do not outline Violence
gendered considerations that recognise the roles Migrant women are subject to violence at all stages
that women play in the informal, domestic, care and of the migration process. Gender-based or sexual
agricultural sectors in particular. violence are common drivers, including conflict-related
South Africa has also not ratified the International violence. Women are at a heightened risk in transit and at
Convention on the Protection of the Rights of All destination, particularly if not accompanied by a man.
Migrant Workers and Members of Their Families Migrants and refugees living in unstable environments
(Migrant Workers Convention). Adopted in 1990 with strangers are often exposed to increased levels
and in force since 2003, it recognises the specific of sexual and gender-based violence. Women tend to
vulnerabilities of migrant workers and establishes the be more risk averse than men in choosing their travel
minimum standards of human rights protections for methods and are more likely to opt for regular channels
migrant workers and family members. South Africa has and use social networks where available, but are still
to date resisted pressure to ratify this convention.51 exposed to greater levels of violence.57
Gender and migration: an intersectional
analysis African women migrants face triple
As the number of women migrants increases, the discrimination: as black, as women
characteristics of women migration continue to evolve and as migrants
and change. There has been an increase in independent
migration by women (meaning women driven to migrate
alone and not following a partner).52 Historically, women
Harmful practices
have had less autonomy over migration choices. Now Women migrants sometimes migrate in order to escape
more are migrating independently for work, education harmful practices, including forced marriage or genital
and as heads of households to meet their own or their mutilation. Migration often exposes women to new
families’ economic needs.53 The overall rise in the and different social and gender norms in transit or at
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 11destination. These new norms can sometimes involve harmful practices,
for example early marriage as a coping strategy for displacement and
protection from economic hardship or isolation. Women migrants and
refugees have reported getting married as a method of gaining male
partnership to protect them.58
Undervalued work
Women migrants are concentrated in unskilled and undervalued work,
including the domestic, care and agriculture sectors.59 This work is historically
undervalued and unprotected. Women often experience disparate ‘deskilling’
whereby they do work that is not aligned with their skills or qualifications.
They also often fall into work that is in high demand but is valued lowly
and poorly regulated, regardless of their skills. The labour market is
highly segmented by gender, class and ethnicity, including for migrants.60
Furthermore, evidence shows that women migrants are less likely to be
employed than men.61 Others engage in precarious informal self-employment,
including hair braiding or crafts.
Exploitation and abuse
Migrant women, particularly irregular and young migrants, are at elevated
risks of forced labour, trafficking, exploitation and abuse at all stages of their
migration journeys. The risk of trafficking increases substantially in forced
displacement situations. Reports indicate that 80% of trafficking victims
are women.62
Additionally, migrant women often work in secluded environments and
are vulnerable to physical and sexual violence, exploitation, abuse, under-
payment or non-payment, isolation, racial and religious discrimination and
other abuse. Precarious living conditions in transit and on arrival expose
women to gender-based violence and health vulnerabilities.63
Labour rights
Many women migrants do not have employment rights. Without legal rights,
workplace abuses increase. Labour laws and standards also do not protect
many migrant women. Given the private nature of most women’s work,
abuses increase without documentation and often go unpunished.
Migrants are often powerless to report abuses out of fear of job loss, arrest
or deportation. Even when laws do offer protection to women migrants,
they are often unaware of these or the legislation is not enforced in isolated
80%
environments. Women are also more likely to have their documentation
status linked to and defined by their husbands’ statuses, thereby reducing
autonomy, particularly in cases of abuse or divorce.64
PROPORTION OF
TRAFFICKING Access to information
VICTIMS WHO
ARE WOMEN Women migrants, particularly girls, have less access to information and to
regular migration options than men migrants.65 This puts them at greater risk
12 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSof exploitation and abuse. Women migrants tend to be Migration has the potential to change gender norms
more isolated and less aware of laws, even when they and empower women. It can increase autonomy, skills,
have documents. remittances and social standing. Migrants are often able
to influence dynamics and norms around education,
Access to services marriage or gender roles in their home communities.67
Access to social protection programmes is a key
hindrance for migrant women. This includes banking,
Burden of care
healthcare, education and justice. While the same Women carry a heavier burden of family care. Migration
barriers apply to all migrants, women bear the can change this burden of care, even increasing it. This
disproportionate burden of family and reproductive can involve adding work to household responsibilities.
health and are often more severely impacted, including Migrant women often face a ‘triple’ burden of
during pregnancy.66 managing employment and domestic and reproductive
responsibilities. Displacement also often results in
Gender norms women-headed households owing to family separation
Displacement and migration often disrupt gender or death.
norms and increase or introduce new pressures for
both men and women. Men are often not able to Family separation
provide for or meet the expectations of their families. For women ‘economic’ migrants in particular, improving
Women may be expected to work for the first time. their economic conditions often comes at the cost of
Both may be exposed to new social norms and separation from their families. Low-skilled work provides
influences. Trauma, a sense of inadequacy or loss of better incomes or opportunities than the jobs available
control, and an inability to cope can result in increased at home. Women choose increased household income
domestic violence. at the cost of leaving their children at home, often to take
Sometimes restrictive gender roles travel with migrants, care of someone else’s children abroad.
particularly if they travel with spouses. Restrictions on
Remittances and social standing
women’s movements, for example, can leave them
more isolated and vulnerable in a new country where Remittances make a substantial contribution to source
they lack family or community support. Women tend economies and the household wellbeing of migrant
to migrate to countries with less discriminatory families.68 Gender plays a key role in remittance patterns,
practices and greater economic opportunities than their including amounts, frequency, means, recipients and
home countries. use. Evidence shows that women send roughly the same
Figure 3: Document status by nationality
25
20 Irregular
Asylum
15
Refugee
10 Dispensation
Permit
5 Stateless
0
i
o
a
o
s
C
la
da
lia
di
e
law
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SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 13amount of remittances as male migrants, but the amount Town office was ordered to re-open by the Supreme
is a larger proportion of their income. They further remit Court of Appeals by 1 April 2018, but to date has not
more regularly and over longer periods than men.69 re-opened for new applications.72
The development potential of remittances is It is important to note that nationality alone is not a
determined in large part by who is receiving them. reliable indicator of migrant drivers. Many women from
Evidence has shown that women are more likely to non-conflict countries do flee owing to political violence
invest in education or health compared to men.70 or persecution related to their specific circumstances.
Women often remit to other women as a method of
ensuring the money is spent as intended. Women Drivers
migrants are also more likely to remit goods. In Push factors
addition, women are more likely to remit at their own
All study participants from the Democratic Republic of
expense, restricting their own well being in order to
Congo (DRC), Burundi, Angola, Rwanda, Somalia and
send money home.
Uganda (stateless) reported leaving to flee violence
Focus group results or persecution. The conditions described included
terrorism, community violence and political violence.
Nationality and documentation status Personal experiences of rape, beatings, homes being
set on fire or bombed, disappearing or killed family
Study participants showed a strong correlation
members, suicide bombing, detention over personal
between nationality and documentation status. These
beliefs, and threats were recounted. All participants
factors, in turn, had significant impacts on drivers,
reported personal experiences and some described
pathways and experiences.
additional general community threats.
The links between nationality and documentation
My mother died when I was born and I didn’t
status most closely reflect the migration drivers from
know where my father came from. My father
home countries and communities. Participants from
tended cattle as a houseboy in Kasese [north-
conflict regions were significantly more likely to claim
east Uganda]. He died when I was 10. I stayed
asylum than participants from non-conflict countries.
at the boss’s house after he died. Then he
Participants from non-conflict countries reported a high died too. His children chased me out. They
rate of irregular entries and stays within South Africa. told me I’m not even Ugandan. I asked them
These results are consistent with the intentions of where I was from but they did not know and
asylum and refugee law. However, they also reflect said I must look for my own home. I was alone
accessibility. Some participants had experienced so I got married when I was still young. My
circumstances that could qualify for refugee protection husband’s family started to have problems
but were too confused about or scared of the process because his father was involved in security.
to engage in it. They came and killed my husband’s father, his
brother and my son. My son was sleeping in
the house. They came, took cattle and burned
Women often remit to other women the house down with my son in it. Then they
cut my husband’s leg and did other things I
as a method of ensuring the money is
cannot talk about. So we ran away, I still don’t
spent as intended know where the other family members went.
Stateless, undocumented.73
The Cape Town Refugee Reception Office (RRO), There was a bomb explosion on the doorstep.
the primary point of contact for asylum seekers At the neighbour’s house two girls lost their
and refugees, has been closed since 2012.71 As legs and the father was killed. The girls were
such, asylum seekers must lodge and renew their only six years old. It was too much and we
applications in Durban, Musina or Pretoria. The Cape left. Somalia, refugee.74
14 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSMy father was a soldier. He was killed. After his death, the people
he was working with chased my two brothers thinking he left them
secrets. We were running from one border to another and even
to Uganda with our mother. But they kept coming looking for my
brothers, so we had to leave. We ran to Tanzania and they caught
us there. My mother was captured and my brothers were killed.
DRC, asylum seeker.75
Participants from Zimbabwe and Malawi reported mixed drivers. Some
individuals reported fleeing political violence or spousal abuse while the
majority of participants from both countries reported leaving for economic
reasons.
It is difficult in Malawi to get a job, especially when you are
uneducated. And you must pay for everything. Hospital, school,
everything. So I came here to work. Malawi rural, irregular.76
I had split with my husband. He was very abusive. He used to
beat me for no reason. I had no friends. He kept me from my
family. He would do something and come home and blame me.
We were married for nine years and we had three children. The
economic situation at that time was not so bad but the political
situation was very bad. There was a lot of fear. We used to be
forced to buy a membership to the ruling party. ‘Consultants’
from the ruling part[y] would come door by door to check and
see if we had your membership cards. Zimbabwe, refugee.77
Participants from the DRC and Botswana reported leaving for education or
work purposes.
In my country it is not easy to get a nice job if you are not in a
‘nice’ family. By ‘nice’ I mean politically connected. So I came
here to add some skills like English. DRC, valid study visa.78
Pull factors
The key feature in deciding on South Africa as a destination, irrespective of
documentation status and nationality, was the presence of friends or family.
‘Momentum’-based pathways – meaning migrants’ following journeys and
methods used by other community members – are important pull factors.79
Most participants indicated they followed friends or family to South Africa,
and to Cape Town specifically.
I came because South Africa is bigger than Malawi. Malawi is a
poor country. I had friends living in Cape Town. I asked to stay
with a friend and her husband. They allowed me to stay with
them for four months while I looked for work. It was a small
room. I found work after four months. Now I stay on my own.
Malawi, irregular.80 WOMEN MIGRANTS
ARE MORE LIKELY
While many refugees and asylum seekers reported knowing someone TO REMIT GOODS
specific, some also reported a general community presence. In particular,
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 15many Somali participants had only general reports of Cape Town, including
that there were Somalis living there or that refugees were better protected
than in other countries.
I left Kenya because I could not get refugee papers. It is
not like South Africa where they give documents. I had
nothing to show and the police were there. I didn’t know the
language and I had no job. I was confused, alone and had
no real way to survive my life. Five of us decided to come,
all women. One had family already in South Africa. We took
trucks. Somalia, refugee.81
Most participants indicated economic opportunities and personal freedom
as key pull factors in choosing South Africa. Participants with irregular
status emphasised throughout that they came specifically for higher earning
potential and job availability.
I was working as a primary school teacher. I now work as
a housekeeper. The money was less for teaching than it is
here. Every month I send money to my husband for my three
children’s school fees. Malawi, irregular.82
In many cases, participants followed a person or people who misrepresented
conditions. Irregular entrants in particular indicated high pressure to ‘succeed’
as a migrant; as such, migrants often over-report conditions. Many
participants admitted to doing the same.
Even me, I cannot tell someone how difficult it is, I just say,
‘come’. I do not take photos at my shack. People will think
that I am suffering. I go find a nice house in town, like a white
person’s house, and take a photo there. I do not even tell
them I am working by the farm. I tell them I work in a shop or
a salon. I could not go home looking like this. I am too thin
because the work is too hard. When I am about to go home
I must rest for a month to get my normal body back. Malawi,
irregular, rural.83
People do not give details of their jobs. They say ‘security’
and you think they are providing security for the President,
but they are securing a parking lot. DRC, refugee.84
Many refugee and asylum seeker participants indicated refugee rights as
a key pull factor, specifically compared to those offered in neighbouring
countries. Participants in these categories most often travelled via other
countries where refugees were not offered documentation, freedom of
movement or access to key facilities, including education.
We stayed in a refugee camp in Malawi for two years. There,
we met some people from Burundi. Their boys had come to
POLICE ARE SEEN
AS LESS THREATENING South Africa and found some security jobs and were sending
IN CAPE TOWN money back to their family. My husband came here using
their instructions. I stayed in Malawi for two more years. I
16 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSwas happy there but he argued with me they left. Among adults, some had been working or
about our children’s education. At least self-employed while others had not been economically
if they came to South Africa they could active. In most cases, these participants no longer had
get an education and have a chance immediate family members living at source.
to do things for themselves. I had not
Most lived with surviving spouses and dependents
been motivated in a long time. But that
in South Africa. Some had travelled together while
motivated me. DRC, asylum seeker.85
others had followed their spouses. Many had travelled
with relatives and friends and got married once in
Most participants said economic South Africa. Most of their immediate family members
were now living in South Africa or other international
opportunities and personal freedom
locations. A small number of participants still had
were key pull factors in choosing SA parents or extended family in source communities.
Most participants who entered irregularly had
Why Cape Town? immediate family members at source. Almost all of
Participants indicated that jobs paid better or were them still considered their source communities as
easier to find in Cape Town than in other major centres, ‘home’ and had plans to return. Many reported that
specifically Johannesburg. They also claimed that the some or all of their children remained at source under
cost of living was lower than in Johannesburg and the the care of parents or other family members. These
police less of a threat to foreigners. Many reported either participants reported various sibling structures, the
living in or travelling through other cities before settling in most common being that at least some of their siblings
Cape Town. had also migrated, either to bigger cities within their
home country or internationally. More than half of the
Cape Town is a little bit more safe compared
respondents with irregular entry reported having siblings
to Joburg and Pretoria. It is also easier to
in South Africa (24 out of 45).
find a job, especially restaurant and security
jobs. In Cape Town they like to hire foreigners. All participants with irregular status who worked sent
The salaries are better. In Johannesburg they money home regularly, including participants in rural
pay R2 000 but here they pay R5 000. And locations, who worked for very low wages. Their key
transport costs are less here too. motivation was to send money or save money toward
DRC, refugee.86 a financial goal in their home communities, such as
Rural respondents indicated that they had no choice over building a house or starting a business. Participants
where to live owing to a lack of documentation. with asylum seeker or refugee status indicated they
were more focused on building their lives in South Africa
If I want a job, I can only go to Joburg or than in their source countries. They also claimed that
Cape Town if I have a permit. They will ask they typically did not have ‘extra’ resources to send.
me for papers and I do not have any. I can
go to the farm without a permit and get the The lifestyle for Congolese in South Africa is
job. The bosses only check in dry season for different from Zimbabweans or Malawians.
people who have [a g]reen ID [South African You find most Congolese in apartments in the
ID]. During picking season, they will employ cities and most Zimbabweans and Malawians
everybody because they need everything to in townships. Life in the city is expensive. You
be picked. Zimbabwe, irregular, rural.87 are working as a security guard or domestic
worker and earn R3 500 and you pay R2 500
Economic and family circumstances at source
in rent and you must feed your children and
Participants with asylum seeker or refugee status send them to school. There is nothing left to
reported a wide range of economic circumstances prior send. A Malawian will be working as a cleaner.
to departure. Many were young and still in school when Then they tell you they are sending a big fridge
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 17home. I look at them [and] say, ‘What? How are you sending a
fridge with what you earn here?’ Later they say they have already
built their homes and they rent it there in Malawi and it becomes a
business. I think ‘wow’. DRC, refugee.88
Malawian participants indicated a growing trend of travelling alone. Earlier
arrivals (pre-2010) were more likely to have followed a husband, whereas
more recent arrivals were more likely to have followed a friend or a sibling.
Some of these participants left husbands at home or met husbands in
South Africa.
Participants from Lesotho specifically had a very low marriage rate. Only one
out of 10 participants were married. Nine out of 10 travelled with or followed
a sibling. None of the participants had matriculated. This likely reflects that
all Basotho participants in this study were living in rural contexts. Rural
work is seasonal, insecure, difficult and poorly paid. The low education
and low marriage rates likely indicate that these participants are particularly
desperate, have few alternatives and little support. It is possible that Basotho
women migrants in other settings have different family characteristics.
Pathways
Physical pathways
All but three participants travelled by road to South Africa. These three
arrived by air – one used a legal study visa, while the other two arrived
on visitor visas and then claimed asylum on arrival, in 1998 and 2004
respectively. The majority of participants travelled by bus, with some using
taxis, trucks or cars.
Participants from closer countries with high traveller volumes, including
Zimbabwe, Lesotho, Malawi and Botswana, reported relatively straight
forward and safe travel methods, except for border crossings. Some
reported incidents of theft or corruption that they considered ‘minor’. All of
these participants indicated that they had known South Africa was their final
destination at the time of departure. Most had known that Cape Town was
their final destination, but approximately one-quarter of these participants
had stopped first in other South African locations.
Malawian participants reported the highest incidence of problems, mostly
related to corruption. They attributed this to the greater number of borders
they had crossed. Malawians travelling to and from South Africa are now
frequent and well known to authorities and criminals. People target them for
crime or extortion, particularly those returning, because they are likely to be
moving illegally and carrying cash or goods.
Participants from countries further away, almost all of whom claimed asylum,
reported mixed travel patterns and methods. They travelled via a mix of foot,
BORDER CROSSINGS
WERE THE RISKIEST truck, car, bus and boat. Many alternated between different methods for
AREAS FOR WOMEN different travel segments. Only a small proportion of these participants had
left their home countries intending to travel to South Africa, or Cape Town
18 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSspecifically. Most had stopped for prolonged periods in fought to find me and saved me.
other countries along the way, some for multiple years. Zimbabwe, irregular.91
When I left Somalia, I saw people fleeing Passing from Malawi into Mozambique they
and just ran with them. We took a boat to caught us and stripped us naked. They
Mombasa and then to Kakuma camp in thought that was where they could find the
Kenya. But it was not safe. At night people money. They searched everywhere. They
would come and rape the girls. Sometimes looked inside the bra. They told us to bend
there were fights and they would come over and open our mouth and inside our
at night and take girls. There were other hair. Women police did this. If you did have
Somalis who were coming to South Africa anything, they would take all of it. They
so I came with them. We were a group would even steal nice clothes and bags and
of seven – four boys and three girls. We jewellery. Rwanda, refugee.92
just came slowly, slowly through Zambia. We spent more than two years in a camp in
Zambia was not good. You don’t get Namibia. They kept calling us Nigerian and
documents and it is hard to stay. It took us telling us it was not a place for us anymore.
two or three months to get here one step One day they lit our fence on fire and said
at a time. Other Somalis said that refugees this camp was no longer for us. So we left
were welcome here, so we just kept going. on foot. Our babies were nine months and
Somalia, refugee.89 two years old. The ‘trailer man’ assisted us.
Compared to participants from closer countries, We paid him R100 each to get from Namibia
participants from countries further away reported into South Africa. To cross into South Africa
more risks and incidents along their journeys. These we had to cross the river. The water was
included attempted rape, transactional sex, extortion, too much running. Too many people die in
theft and corruption. As with participants from closer that water. I thought, ‘Today I am finished.’
My husband had one baby and the man
countries, border crossings were reported as the
who was helping us had the other one. Even
riskiest areas.
today when I remember this day I want to cry.
On our way we had to sleep somewhere. Stateless, undocumented.93
When we stopped, men drivers and
passengers at the bus stop would get drunk
and wanted to rape the girls. One man Malawian participants reported the
pretended he was our father and stayed with highest incidence of problems, mostly
us to protect us. Rwanda, refugee.90
related to corruption
Border crossing
Participants of all nationalities and documentation All participants paid bribes or ‘fees’ at least once
statuses identified border crossings as the most during their journeys. Most paid multiple bribes.
problematic components of their journeys. They Participants from countries further away reported
reported corruption as the most common issue, but paying the most because of the greater number of
also reported high levels of violence and threats. borders they had to cross. Bribes were paid directly
to police and border officials and indirectly
I came by bus with my husband. We had
through drivers.
our passports but they only pretended
to stamp them at the border. The border We were in a forest for six hours. There was
crossing was not nice. They separated us shooting. They were not shooting at us but
and a man tried to rape me. They told my you could hear the guns. I was alone but
husband to get on the bus, but instead he I had met other people on the bus. There
SOUTHERN AFRICA REPORT 16 | NOVEMBER 2018 19were two ladies and a man with a gun who brother asked him to find a small place to
accompanied us into South Africa and take me. That guy found a place in the back
protected us. Protected us against what? I of a truck and took me from Tanzania to
don’t know. We asked him why he had a gun Johannesburg. I was in the back underneath
and he said, ‘It is not safe in this forest.’ There boxes. I wasn’t allowed to talk or move or
were dead animals and people’s clothes stand up or cough. They told me to just
left there. It was scary. I wanted to go back. breathe. If someone knew I was hiding they
But my boyfriend told me to just continue would take me out of the car and leave me
on. He was waiting for me. That forest was behind. I did not know that person. We
almost enough to turn me back. My boyfriend crossed many borders but I do not know
told me to keep money everywhere. They which ones or how many because I was just
undressed us. I hid my money in my pad in the back. Burundi, asylum seeker.96
when I had my period. It was disgusting but
I had to. The ladies searched us. They lie to
you and say they are trying to help you. I hid
Many participants used smugglers to
a little bit in my bra so that they would find cross borders, and arranged the rest of
that and leave me alone. I put the rest [one the journey themselves
year’s savings] in my underpants. They put
a stamp on all the other borders but not the
Many participants used smugglers to cross
South African one. DRC, asylum seeker.94
borders specifically, and arranged the rest of the
Many participants reported having to make journey themselves.
calculated decisions on how to cross the border.
There are bushes on the border and a river.
Participants indicated that border ‘jumping’ into
There are men there to help you cross.
South Africa was riskier but less expensive, whereas
Sometimes they hold your hand. You meet
crossing legally was expensive owing to the penalties
them at the river. Sometimes it is just R10,
incurred on return.
but when there are rains and the river is full
Ducking the border is possible but it is not it is risky. The men who are there to help
nice. People die there or get robbed. It only you sometimes they rape you or rob you in
costs about R1 000, but it is too scary. those bushes. After you cross the river you
People do it still because it is expensive to just walk and you find taxis. Sometimes
overstay – at least R3 000 – and they can you find police or soldiers there. Some
make your passport invalid and say you police just ask money, some take you in for
cannot come back for 10 years even. questioning. Lesotho, irregular.97
Malawi, irregular.95
Document pathways
Smuggler use
All 45 study participants who reported irregular entry or
Only a small number of participants reported using stays, said they had travel documents. Less than half
smugglers to facilitate their entire journey, using a reported using them to enter the country. They used
‘whole package’ approach to reach South Africa. methods including illegal crossings, bribing officials not
These participants were all from countries to stamp documents, paying drivers or smugglers to hide
further away. them, or obtaining legal entry and overstaying with an
We ran away because my father was expectation of paying penalties on departure. All of them
politically involved and was killed. I went to were seeking work or working illegally.
Tanzania first with my brother. There was Many of these participants had children at home but
someone there who knew how to move had not returned for many years owing to the expense
people from one country to another. My and fears related to travelling. Participants who had
20 GENDER AND MIGRATION IN SOUTH AFRICA: TALKING TO WOMEN MIGRANTSYou can also read
